Terms of Use

Welcome to the TransUnion Dispute Automation site (the “Site”) a web site operated by Trans Union of Canada, Inc. (“TransUnion”). The Site is made available to TransUnion clients, which include banks, credit-card companies, finance companies and other businesses. The Site provides an online portal that allows TransUnion and its clients to verify the accuracy and completeness of consumer credit and other personal information in the context of a consumer dispute (the “Service”), as well as other data, software and information (the “Content”).

The Site, the Content and the Service are provided to your organization (the “Subscriber”), subject to the applicable agreement(s) governing the purchase/use/furnishing of specific products/services/personal information (the “Agreement”), as well as these additional terms and conditions (the “Terms and Conditions”). These Terms and Conditions will modify the applicable Agreement and in the event of any conflict, these Terms and Conditions will supercede, to the extent necessary to resolve any conflict. Please note that if you are a customer of a third party agency to which TransUnion furnishes/accepts personal information or credit reporting services (“third party agency”), these Terms and Conditions will apply to your organization but for the sake of clarity, the purchase of the Services by your organization from the third party agency will be governed by your agreement with such third party agency. TransUnion is not a party to any contractual arrangement entered into between Subscriber and the third party agency, and is not liable for any dispute that arises between Subscriber and third party agency, including any dispute relating to the provision of services by your organization from the third party agency.

SUBSCRIBER AND EACH EMPLOYEE, OFFICER, DIRECTOR, CONSULTANT, AGENT, SERVICE PROVIDER, SUBCONTRACTOR OF SUBSCRIBER, AND THIRD PARTY WHO ACCESSES THE SITE ON SUBSCRIBER’S BEHALF (each a “User”) AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. REFERENCE TO “SUBSCRIBER” IN THESE TERMS AND CONDITIONS INCLUDES EACH OF SUBSCRIBER’S USERS, WHERE APPLICABLE. SUBSCRIBER AND EACH USER HAVE INDICATED THEIR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS BY CLICKING ON THE “I AGREE” BUTTON ON THE SITE, BEFORE ACCESSING OR USING THE SITE OR REQUESTING THE SERVICES ON THIS SITE.

SUBSCRIBER FURTHER AGREES THAT IT WILL BE RESPONSIBLE AND LIABLE FOR ANY ACCESS OR USE OF THIS SITE BY ANY PERSON, WHETHER AUTHORIZED BY SUBSCRIBER OR NOT, WHO USES SUBSCRIBER’S ACCESS CODES AND/OR PASSWORDS TO ACCESS OR USE THE SITE.

Your Responsibilities Regarding Consumer Information

The Site and Service provide an online tool for TransUnion and Subscriber to verify the accuracy and completeness of consumer credit and personal information in the context of a consumer dispute. Subscriber acknowledges and agrees that privacy laws impose obligations on organizations with respect to the accuracy and completeness of personal information, and that corrections to personal information must be made in a timely manner and accordance with any time periods prescribed by law. Accordingly, Subscriber agrees that it shall: (i) respond promptly to all requests from TransUnion to verify the accuracy and completeness of consumer credit and personal information through the Service; (ii) where credit and personal information is inaccurate or incomplete, provide TransUnion with the information necessary for TransUnion to update or amend its records; (iii) ensure that all personal information exchanged with TransUnion through the Service is accurate and complete; and (iv) where personal information in the custody or control of Subscriber is determined to be inaccurate or incomplete, update or amend such personal information in the Subscriber’s records without delay in accordance with privacy laws.

Use of the Site

Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Service, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Site or the Service is strictly prohibited. Subscriber acquires absolutely no rights or licenses to the Site, the Content or the Service other than the limited right to use the Site, the Content and the Service in accordance with these Terms and Conditions. We reserve the right to suspend or terminate Subscriber’s use of the Site, the Content or the Service via this Site immediately, without notice, in our sole discretion. Subscriber may not frame the Site, the Content or the Service or any part thereof on any commercial or non-commercial Internet website.

New Services and Modifications and Updates

Whenever new products or services are introduced on the Site as part of the Service, Subscriber’s use of such new Service will be subject to Subscriber’s applicable Agreement as well as these Terms and Conditions, unless we notify Subscriber otherwise. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions from time to time. We will notify Subscriber of any changes to these Terms and Conditions by notice on this Site. Subscriber’s continued use of this Site after following notice of such change means that Subscriber agrees to and accepts these Terms and Conditions as amended. If Subscriber does not agree to any modifications of these Terms and Conditions, Subscriber must immediately stop accessing or using this Site or Service.

Security

Subscriber represents and warrants that it will ensure that: (1) only users authorized by the Subscriber (each an “Authorized User”) have access to the Site, the Content and the Service by using the user ids and passwords issued by TransUnion to Subscriber; (2) each Authorized User has entered into a written confidentiality agreement with Subscriber that requires the Authorized User to comply with the confidentiality requirements set out under the heading “Confidential Information” in these Terms and Conditions; (3) Content and Service obtained by Subscriber via this Site are not accessible by any unauthorized parties via Subscriber’s connection to the Internet or otherwise; (4) all passwords, member codes and user ids are kept confidential and secure by Authorized Users (i.e. each Subscriber shall ensure that passwords are not stored on any workstations nor any other storage or retrieval system and/or media and that Internet browser caching functionality is not used to store passwords, etc); (5) each user id and password is used solely by the Authorized User to whom such user id and password was issued; (6) user ids are disabled when the Authorized User leaves his or her employment with Subscriber or is terminated by Subscriber, or otherwise ceases to be an Authorized User; (7) all documentation and/or materials provided by TransUnion to any of Subscriber’s Authorized Users is held in confidence by Subscriber and all Users and is accessible only Authorized Users; and (8) Subscriber will immediately inform TransUnion of any event as a result of which a user id and/or password should be disabled, including but not limited to, a compromise of security involving user ids and passwords or any other breach of security.

Subscriber will be responsible for the availability and performance of any leased lines, modems or other communication devices required to obtain access to the Site or the Services, in addition to Subscriber’s own network systems or those of its application service providers (“ASP”). For the purpose of this section, an ASP shall be any third party supplier whose services have been retained by Subscriber to receive, report, host, store, archive and/or process consumer personal or credit information or any other information on behalf of Subscriber. Subscriber shall ensure that those allowed to request Service shall not attempt to obtain Service as it relates to themselves, associates, or any other person, except in the exercise of their official duties. Subscriber is responsible for all security breaches emanating from any of its (or its ASP’s) leased lines, modems or other communication devices, as well as any unauthorized access, system compromise, Subscriber’s password or user ID misuse or any unauthorized access using such Subscriber’s password or user ID. TransUnion shall have no liability in relation thereof and Subscriber acknowledges that TransUnion shall assume that the individual(s) logging or accessing TransUnion’s systems or the Site using the specific user ID(s) and password(s) assigned to Subscriber are in fact authorized to do so by Subscriber. Subscriber shall be liable for all actions and omissions of its ASP, including without limitation ASP’s compliance with these Terms and Conditions and Subscriber shall indemnify and hold TransUnion harmless for all claims, losses, damages and expenses arising from ASP’s non-compliance with any of the terms of this Agreement, any other acts and omissions of ASP and any disputes or issues arising in connection with ASP. TransUnion is not a party to any contractual arrangement entered into between Subscriber and ASP, and is not liable for any dispute that arises between Subscriber and ASP. Furthermore, Subscriber understands and agrees that ASP shall not be entitled as a third party beneficiary or otherwise, to take any action or have any recourse against TransUnion in respect of any claim based upon any actual or alleged failure to perform under these Terms and Conditions.

Subscriber acknowledges and agrees that, because the Site is accessed via the Internet, which is an open network, neither TransUnion nor its suppliers, contractors, and vendors, of any tier, make any warranties of any kind with respect to the Site or the Content; with respect to loss or corruption of data; loss of, or damage to, equipment and/or software; system response times, access delays or access interruptions; nor computer viruses, whether express or implied including, without limitation, warranties of merchantability and fitness for a particular purpose. Subscriber shall have the right, and is encouraged by TransUnion, to maintain any other type of authorized connection to TransUnion for use or access to the Service, and to access any other TransUnion services that Subscriber has purchased or licensed from TransUnion and which are not accessible via the Site.

Confidential Information

Subscriber agrees to hold in strict confidence all information received by Subscriber as part of accessing the Service on the Site, including Content, and Subscriber agrees not to distribute any copy to any other third party, except as required by law; provided however that Subscriber shall provide TransUnion with ten (10) days written notice before any disclosure of such information. This restriction shall not prohibit Subscriber from disclosing the content of a consumer report to the consumer who is the subject of the report, provided a request for disclosure is duly made in accordance with applicable laws by such consumer. Furthermore, Subscriber agrees that it may receive additional information of a confidential and/or proprietary nature by accessing the Site, including but not limited to any information contained in the Service, member codes, user IDs and passwords. Any confidential and proprietary information received by Subscriber shall be held in strict confidence by the Subscriber and distributed only on a need to know basis to persons who have signed a written confidentiality agreement with Subscriber that requires them to comply with the confidentiality requirements set out under these Terms and Conditions. Subscriber shall protect any such confidential or proprietary information with at least the same degree of care it uses to protect its own information of a similar nature (although not less than a reasonable degree of care) or as required under applicable laws.

Disclaimer of Warranties and Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THE SUBSCRIBER’S AGREEMENTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSUNION AND/OR ITS SUPPLIERS, CONTRACTORS AND VENDORS OF ANY TIER, DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT , OR THAT THE SITE, THE CONTENT AND/OR ACCESS TO THE SERVICE ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL TRANSUNION AND/OR ITS SUPPLIERS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TRANSUNION OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE, THE CONTENT OR THE SERVICE.

Trade-marks and Copyright

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site, in the Content or with the Service may constitute trademarks or trade names of TransUnion or its licensors. Title to the Site, the Content and the Service and the trademarks or trade names displayed on the Site remains with TransUnion and/or its licensors. Nothing contained in these Terms and Conditions or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademarks, trade names, copyright or other intellectual property rights of TransUnion or its licensors. Any unauthorized use of the Site, the Content or the Service or the trademarks, trade names, copyright or other intellectual property rights of TransUnion or its licensors is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Conformance with Law

Subscriber agrees to use the Site, the Content and the Service for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations, including consumer reporting legislation and privacy legislation. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Service, illegal, are not authorized to use the Site, the Content or the Service.

Policy on Links to Third Party Web Sites

The Site may contain links to third party web sites. TransUnion does not represent, guarantee, or endorse any web site that Subscriber may access from this web site. In addition, if we provide a link to a web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this web site are provided solely as a convenience to Subscriber. When Subscriber accesses a non-TransUnion web site, please understand that the linked site and its content are not under our control. TransUnion is not responsible for web casting or any other form of transmission received from any linked sites. Subscriber is responsible for protecting Subscriber’s system from viruses and other invasive items.

User Information

Should Subscriber provide electronically or through Subscriber’s access to or usage of the Site or the Service, any information or materials such as feedback data, questions, comments, suggestions or the like regarding any information contained on the Site, such information and/or materials provided by Subscriber shall be deemed to be non-confidential and TransUnion shall have no obligation of any kind with respect to such information and/or materials and shall be free to reproduce, use, disclose and distribute such information and/or materials to others without limitation. Subscriber hereby grants to TransUnion a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any information and/or materials provided by Subscriber (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future.

International Use

Because Subscriber can access this web site internationally, Subscriber agrees to follow all local rules about the Internet, data, e -mail, and privacy. Specifically, Subscriber agrees to follow all laws that apply to transmitting technical data exported from the United States, Canada or the country of Subscriber’s residence.

Applicable Law

The materials in this web site are designed for use by residents of Canada. TransUnion controls and operates this web site through its corporate headquarters within the Province of Ontario. These Terms and Conditions shall be governed, interpreted, and enforced according to the laws of the Province of Ontario, Canada, regardless of conflict of laws rules.

Indemnification

Subscriber agrees that Subscriber’s use of the Site or the Content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against TransUnion and/or its licensors. Subscriber agrees, at Subscriber’s own expense, to indemnify and hold TransUnion and our directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against TransUnion, its directors, officers, employees, representatives, agents and licensors by a third party as a result of Subscriber’s breach of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect.

No Waiver

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Electronic Communications

By accessing this Site or sending electronic mail to TransUnion, Subscriber is communicating with TransUnion electronically. By doing so, Subscriber agrees to receive communications from TransUnion electronically. TransUnion will communicate with Subscriber by electronic mail at the electronic mail address provided by Subscriber or by posting notices on this Site or any other web site that that may be generally designated in advance for such purpose. Subscriber consents to receiving electronically all agreements, notices, disclosures and other communications that TransUnion provides to Subscriber.

Copyright Notice

Copyright (c) 2019 Trans Union of Canada, Inc. All Rights Reserved. Except as otherwise stated, TransUnion or its related companies own all Content contained in this Site. Content includes the information, text, graphics, web site design, and its selection, assembly, and arrangement. Content is protected by copyright laws of the United States, Canada and other countries. Content may not be used for any commercial purpose or copied, distributed, displayed, modified, or reverse engineered without TransUnion's prior written permission. Subscriber may print or download portions of material from the Site solely for Subscriber’s own non-commercial use, if Subscriber does not change or delete any copyright or proprietary notices from the materials.

Last Revised April 8, 2019